Public Act 094-0955
 
SB2613 Enrolled LRB094 16170 RLC 51412 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Purpose.
    (a) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments made to Section 29B-1 of the
Criminal Code of 1961 by Public Acts 94-364 and 94-556. It also
makes a technical correction in subdivision (l)(3) of that
Section.
    (b) In this Act, the reference at the end of Section 29B-1
of the Criminal Code of 1961 indicates the sources in the
Session Laws of Illinois that were used in the preparation of
the text of that Section. The text of Section 29B-1 included in
this Act is intended to include the different versions of that
Section found in the Public Acts included in the list of
sources, but may not include other versions of the Section to
be found in Public Acts not included in the list of sources.
The list of sources is not a part of the text of the Section.
Except for the one technical correction made in subdivision
(l)(3), the text of Section 29B-1 contains no striking or
underscoring because no other changes are being made in the
material that is being combined.
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 29B-1 as follows:
 
    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
    Sec. 29B-1. (a) A person commits the offense of money
laundering:
        (1) when, knowing that the property involved in a
    financial transaction represents the proceeds of some form
    of unlawful activity, he or she conducts or attempts to
    conduct such a financial transaction which in fact involves
    criminally derived property:
            (A) with the intent to promote the carrying on of
        the unlawful activity from which the criminally
        derived property was obtained; or
            (B) where he or she knows or reasonably should know
        that the financial transaction is designed in whole or
        in part:
                (i) to conceal or disguise the nature, the
            location, the source, the ownership or the control
            of the criminally derived property; or
                (ii) to avoid a transaction reporting
            requirement under State law; or
        (1.5) when he or she transports, transmits, or
    transfers, or attempts to transport, transmit, or transfer
    a monetary instrument:
            (A) with the intent to promote the carrying on of
        the unlawful activity from which the criminally
        derived property was obtained; or
            (B) knowing, or having reason to know, that the
        financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            location, the source, the ownership or the control
            of the criminally derived property; or
                (ii) to avoid a transaction reporting
            requirement under State law; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified criminal
        activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        source, ownership, or control of property believed to
        be the proceeds of a specified criminal activity as
        defined by subdivision (b)(6); or
            (C) avoid a transaction reporting requirement
        under State law,
    he or she conducts or attempts to conduct a financial
    transaction involving property he or she believes to be the
    proceeds of specified criminal activity as defined by
    subdivision (b)(6) or property used to conduct or
    facilitate specified criminal activity as defined by
    subdivision (b)(6).
    (b) As used in this Section:
        (0.5) "Knowing that the property involved in a
    financial transaction represents the proceeds of some form
    of unlawful activity" means that the person knew the
    property involved in the transaction represented proceeds
    from some form, though not necessarily which form, of
    activity that constitutes a felony under State, federal, or
    foreign law, regardless of whether or not such activity is
    specified in subdivision (b) (4).
        (1) "Financial transaction" means a purchase, sale,
    loan, pledge, gift, transfer, delivery or other
    disposition utilizing criminally derived property, and
    with respect to financial institutions, includes a
    deposit, withdrawal, transfer between accounts, exchange
    of currency, loan, extension of credit, purchase or sale of
    any stock, bond, certificate of deposit or other monetary
    instrument, use of safe deposit box, or any other payment,
    transfer or delivery by, through, or to a financial
    institution. For purposes of clause (a)(2) of this Section,
    the term "financial transaction" also means a transaction
    which without regard to whether the funds, monetary
    instruments, or real or personal property involved in the
    transaction are criminally derived, any transaction which
    in any way or degree: (1) involves the movement of funds by
    wire or any other means; (2) involves one or more monetary
    instruments; or (3) the transfer of title to any real or
    personal property. The receipt by an attorney of bona fide
    fees for the purpose of legal representation is not a
    financial transaction for purposes of this Section.
        (2) "Financial institution" means any bank; saving and
    loan association; trust company; agency or branch of a
    foreign bank in the United States; currency exchange;
    credit union, mortgage banking institution; pawnbroker;
    loan or finance company; operator of a credit card system;
    issuer, redeemer or cashier of travelers checks, checks or
    money orders; dealer in precious metals, stones or jewels;
    broker or dealer in securities or commodities; investment
    banker; or investment company.
        (3) "Monetary instrument" means United States coins
    and currency; coins and currency of a foreign country;
    travelers checks; personal checks, bank checks, and money
    orders; investment securities; bearer negotiable
    instruments; bearer investment securities; or bearer
    securities and certificates of stock in such form that
    title thereto passes upon delivery.
        (4) "Criminally derived property" means: (A) any
    property, real or personal, constituting or derived from
    proceeds obtained, directly or indirectly, pursuant to a
    violation of the Criminal Code of 1961, the Illinois
    Controlled Substances Act, the Cannabis Control Act, or the
    Methamphetamine Control and Community Protection Act; or
    (B) any property represented to be property constituting or
    derived from proceeds obtained, directly or indirectly,
    pursuant to a violation of this Code, the Illinois
    Controlled Substances Act, the Cannabis Control Act, or the
    Methamphetamine Control and Community Protection Act.
        (5) "Conduct" or "conducts" includes, in addition to
    its ordinary meaning, initiating, concluding, or
    participating in initiating or concluding a transaction.
        (6) "Specified criminal activity" means any violation
    of Section 20.5-5 (720 ILCS 5/20.5-5) and any violation of
    Article 29D of this Code.
        (7) "Director" means the Director of State Police or
    his or her designated agents.
        (8) "Department" means the Department of State Police
    of the State of Illinois or its successor agency.
        (9) "Transaction reporting requirement under State
    law" means any violation as defined under the Currency
    Reporting Act.
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    value exceeding $10,000 but not exceeding $100,000 is a
    Class 2 felony;
        (3) Laundering of criminally derived property of a
    value exceeding $100,000 but not exceeding $500,000 is a
    Class 1 felony;
        (4) Money laundering in violation of subsection (a)(2)
    of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    value exceeding $500,000 is a Class 1 non-probationable
    felony.
    (d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
        (1) A financial transaction was conducted or
    structured or attempted in violation of the reporting
    requirements of any State or federal law; or
        (2) A financial transaction was conducted or attempted
    with the use of a false or fictitious name or a forged
    instrument; or
        (3) A falsely altered or completed written instrument
    or a written instrument that contains any materially false
    personal identifying information was made, used, offered
    or presented, whether accepted or not, in connection with a
    financial transaction; or
        (4) A financial transaction was structured or
    attempted to be structured so as to falsely report the
    actual consideration or value of the transaction; or
        (5) A money transmitter, a person engaged in a trade or
    business or any employee of a money transmitter or a person
    engaged in a trade or business, knows or reasonably should
    know that false personal identifying information has been
    presented and incorporates the false personal identifying
    information into any report or record; or
        (6) The criminally derived property is transported or
    possessed in a fashion inconsistent with the ordinary or
    usual means of transportation or possession of such
    property and where the property is discovered in the
    absence of any documentation or other indicia of legitimate
    origin or right to such property; or
        (7) A person pays or receives substantially less than
    face value for one or more monetary instruments; or
        (8) A person engages in a transaction involving one or
    more monetary instruments, where the physical condition or
    form of the monetary instrument or instruments makes it
    apparent that they are not the product of bona fide
    business or financial transactions.
    (e) Duty to enforce this Article.
        (1) It is the duty of the Department of State Police,
    and its agents, officers, and investigators, to enforce all
    provisions of this Article, except those specifically
    delegated, and to cooperate with all agencies charged with
    the enforcement of the laws of the United States, or of any
    state, relating to money laundering. Only an agent,
    officer, or investigator designated by the Director may be
    authorized in accordance with this Section to serve seizure
    notices, warrants, subpoenas, and summonses under the
    authority of this State.
        (2) Any agent, officer, investigator, or peace officer
    designated by the Director may: (A) make seizure of
    property pursuant to the provisions of this Article; and
    (B) perform such other law enforcement duties as the
    Director designates. It is the duty of all State's
    Attorneys to prosecute violations of this Article and
    institute legal proceedings as authorized under this
    Article.
    (f) Protective orders.
        (1) Upon application of the State, the court may enter
    a restraining order or injunction, require the execution of
    a satisfactory performance bond, or take any other action
    to preserve the availability of property described in
    subsection (h) for forfeiture under this Article:
            (A) upon the filing of an indictment, information,
        or complaint charging a violation of this Article for
        which forfeiture may be ordered under this Article and
        alleging that the property with respect to which the
        order is sought would be subject to forfeiture under
        this Article; or
            (B) prior to the filing of such an indictment,
        information, or complaint, if, after notice to persons
        appearing to have an interest in the property and
        opportunity for a hearing, the court determines that:
                (i) there is probable cause to believe that the
            State will prevail on the issue of forfeiture and
            that failure to enter the order will result in the
            property being destroyed, removed from the
            jurisdiction of the court, or otherwise made
            unavailable for forfeiture; and
                (ii) the need to preserve the availability of
            the property through the entry of the requested
            order outweighs the hardship on any party against
            whom the order is to be entered.
            Provided, however, that an order entered pursuant
        to subparagraph (B) shall be effective for not more
        than 90 days, unless extended by the court for good
        cause shown or unless an indictment, information,
        complaint, or administrative notice has been filed.
        (2) A temporary restraining order under this
    subsection may be entered upon application of the State
    without notice or opportunity for a hearing when an
    indictment, information, complaint, or administrative
    notice has not yet been filed with respect to the property,
    if the State demonstrates that there is probable cause to
    believe that the property with respect to which the order
    is sought would be subject to forfeiture under this Section
    and that provision of notice will jeopardize the
    availability of the property for forfeiture. Such a
    temporary order shall expire not more than 30 days after
    the date on which it is entered, unless extended for good
    cause shown or unless the party against whom it is entered
    consents to an extension for a longer period. A hearing
    requested concerning an order entered under this paragraph
    shall be held at the earliest possible time and prior to
    the expiration of the temporary order.
        (3) The court may receive and consider, at a hearing
    held pursuant to this subsection (f), evidence and
    information that would be inadmissible under the Illinois
    rules of evidence.
        (4) Order to repatriate and deposit.
            (A) In general. Pursuant to its authority to enter
        a pretrial restraining order under this Section, the
        court may order a defendant to repatriate any property
        that may be seized and forfeited and to deposit that
        property pending trial with the Illinois State Police
        or another law enforcement agency designated by the
        Illinois State Police.
            (B) Failure to comply. Failure to comply with an
        order under this subsection (f) is punishable as a
        civil or criminal contempt of court.
    (g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
    (h) Forfeiture.
        (1) The following are subject to forfeiture:
            (A) any property, real or personal, constituting,
        derived from, or traceable to any proceeds the person
        obtained directly or indirectly, as a result of a
        violation of this Article;
            (B) any of the person's property used, or intended
        to be used, in any manner or part, to commit, or to
        facilitate the commission of, a violation of this
        Article;
            (C) all conveyances, including aircraft, vehicles
        or vessels, which are used, or intended for use, to
        transport, or in any manner to facilitate the
        transportation, sale, receipt, possession, or
        concealment of property described in subparagraphs (A)
        and (B), but:
                (i) no conveyance used by any person as a
            common carrier in the transaction of business as a
            common carrier is subject to forfeiture under this
            Section unless it appears that the owner or other
            person in charge of the conveyance is a consenting
            party or privy to a violation of this Article;
                (ii) no conveyance is subject to forfeiture
            under this Section by reason of any act or omission
            which the owner proves to have been committed or
            omitted without his or her knowledge or consent;
                (iii) a forfeiture of a conveyance encumbered
            by a bona fide security interest is subject to the
            interest of the secured party if he or she neither
            had knowledge of nor consented to the act or
            omission;
            (D) all real property, including any right, title,
        and interest (including, but not limited to, any
        leasehold interest or the beneficial interest in a land
        trust) in the whole of any lot or tract of land and any
        appurtenances or improvements, which is used or
        intended to be used, in any manner or part, to commit,
        or in any manner to facilitate the commission of, any
        violation of this Article or that is the proceeds of
        any violation or act that constitutes a violation of
        this Article.
        (2) Property subject to forfeiture under this Article
    may be seized by the Director or any peace officer upon
    process or seizure warrant issued by any court having
    jurisdiction over the property. Seizure by the Director or
    any peace officer without process may be made:
            (A) if the seizure is incident to a seizure
        warrant;
            (B) if the property subject to seizure has been the
        subject of a prior judgment in favor of the State in a
        criminal proceeding, or in an injunction or forfeiture
        proceeding based upon this Article;
            (C) if there is probable cause to believe that the
        property is directly or indirectly dangerous to health
        or safety;
            (D) if there is probable cause to believe that the
        property is subject to forfeiture under this Article
        and the property is seized under circumstances in which
        a warrantless seizure or arrest would be reasonable; or
            (E) in accordance with the Code of Criminal
        Procedure of 1963.
        (3) In the event of seizure pursuant to paragraph (2),
    forfeiture proceedings shall be instituted in accordance
    with subsections (i) through (r).
        (4) Property taken or detained under this Section shall
    not be subject to replevin, but is deemed to be in the
    custody of the Director subject only to the order and
    judgments of the circuit court having jurisdiction over the
    forfeiture proceedings and the decisions of the State's
    Attorney under this Article. When property is seized under
    this Article, the seizing agency shall promptly conduct an
    inventory of the seized property and estimate the
    property's value and shall forward a copy of the inventory
    of seized property and the estimate of the property's value
    to the Director. Upon receiving notice of seizure, the
    Director may:
            (A) place the property under seal;
            (B) remove the property to a place designated by
        the Director;
            (C) keep the property in the possession of the
        seizing agency;
            (D) remove the property to a storage area for
        safekeeping or, if the property is a negotiable
        instrument or money and is not needed for evidentiary
        purposes, deposit it in an interest bearing account;
            (E) place the property under constructive seizure
        by posting notice of pending forfeiture on it, by
        giving notice of pending forfeiture to its owners and
        interest holders, or by filing notice of pending
        forfeiture in any appropriate public record relating
        to the property; or
            (F) provide for another agency or custodian,
        including an owner, secured party, or lienholder, to
        take custody of the property upon the terms and
        conditions set by the Director.
        (5) When property is forfeited under this Article, the
    Director shall sell all such property unless such property
    is required by law to be destroyed or is harmful to the
    public, and shall distribute the proceeds of the sale,
    together with any moneys forfeited or seized, in accordance
    with paragraph (6). However, upon the application of the
    seizing agency or prosecutor who was responsible for the
    investigation, arrest or arrests and prosecution which
    lead to the forfeiture, the Director may return any item of
    forfeited property to the seizing agency or prosecutor for
    official use in the enforcement of laws, if the agency or
    prosecutor can demonstrate that the item requested would be
    useful to the agency or prosecutor in its enforcement
    efforts. When any real property returned to the seizing
    agency is sold by the agency or its unit of government, the
    proceeds of the sale shall be delivered to the Director and
    distributed in accordance with paragraph (6).
        (6) All monies and the sale proceeds of all other
    property forfeited and seized under this Article shall be
    distributed as follows:
            (A) 65% shall be distributed to the metropolitan
        enforcement group, local, municipal, county, or State
        law enforcement agency or agencies which conducted or
        participated in the investigation resulting in the
        forfeiture. The distribution shall bear a reasonable
        relationship to the degree of direct participation of
        the law enforcement agency in the effort resulting in
        the forfeiture, taking into account the total value of
        the property forfeited and the total law enforcement
        effort with respect to the violation of the law upon
        which the forfeiture is based. Amounts distributed to
        the agency or agencies shall be used for the
        enforcement of laws.
            (B) (i) 12.5% shall be distributed to the Office of
        the State's Attorney of the county in which the
        prosecution resulting in the forfeiture was
        instituted, deposited in a special fund in the county
        treasury and appropriated to the State's Attorney for
        use in the enforcement of laws. In counties over
        3,000,000 population, 25% shall be distributed to the
        Office of the State's Attorney for use in the
        enforcement of laws. If the prosecution is undertaken
        solely by the Attorney General, the portion provided
        hereunder shall be distributed to the Attorney General
        for use in the enforcement of laws.
                (ii) 12.5% shall be distributed to the Office
            of the State's Attorneys Appellate Prosecutor and
            deposited in the Narcotics Profit Forfeiture Fund
            of that office to be used for additional expenses
            incurred in the investigation, prosecution and
            appeal of cases arising under laws. The Office of
            the State's Attorneys Appellate Prosecutor shall
            not receive distribution from cases brought in
            counties with over 3,000,000 population.
            (C) 10% shall be retained by the Department of
        State Police for expenses related to the
        administration and sale of seized and forfeited
        property.
    (i) Notice to owner or interest holder.
        (1) Whenever notice of pending forfeiture or service of
    an in rem complaint is required under the provisions of
    this Article, such notice or service shall be given as
    follows:
            (A) If the owner's or interest holder's name and
        current address are known, then by either personal
        service or mailing a copy of the notice by certified
        mail, return receipt requested, to that address. For
        purposes of notice under this Section, if a person has
        been arrested for the conduct giving rise to the
        forfeiture, then the address provided to the arresting
        agency at the time of arrest shall be deemed to be that
        person's known address. Provided, however, if an owner
        or interest holder's address changes prior to the
        effective date of the notice of pending forfeiture, the
        owner or interest holder shall promptly notify the
        seizing agency of the change in address or, if the
        owner or interest holder's address changes subsequent
        to the effective date of the notice of pending
        forfeiture, the owner or interest holder shall
        promptly notify the State's Attorney of the change in
        address; or
            (B) If the property seized is a conveyance, to the
        address reflected in the office of the agency or
        official in which title or interest to the conveyance
        is required by law to be recorded, then by mailing a
        copy of the notice by certified mail, return receipt
        requested, to that address; or
            (C) If the owner's or interest holder's address is
        not known, and is not on record as provided in
        paragraph (B), then by publication for 3 successive
        weeks in a newspaper of general circulation in the
        county in which the seizure occurred.
        (2) Notice served under this Article is effective upon
    personal service, the last date of publication, or the
    mailing of written notice, whichever is earlier.
    (j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
    (k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
        (1) If, after review of the facts surrounding the
    seizure, the State's Attorney is of the opinion that the
    seized property is subject to forfeiture, then within 45
    days after the receipt of notice of seizure from the
    seizing agency, the State's Attorney shall cause notice of
    pending forfeiture to be given to the owner of the property
    and all known interest holders of the property in
    accordance with subsection (i) of this Section.
        (2) The notice of pending forfeiture must include a
    description of the property, the estimated value of the
    property, the date and place of seizure, the conduct giving
    rise to forfeiture or the violation of law alleged, and a
    summary of procedures and procedural rights applicable to
    the forfeiture action.
        (3)(A) Any person claiming an interest in property
    which is the subject of notice under paragraph (1) of this
    subsection (k), must, in order to preserve any rights or
    claims to the property, within 45 days after the effective
    date of notice as described in subsection (i) of this
    Section, file a verified claim with the State's Attorney
    expressing his or her interest in the property. The claim
    must set forth:
            (i) the caption of the proceedings as set forth on
        the notice of pending forfeiture and the name of the
        claimant;
            (ii) the address at which the claimant will accept
        mail;
            (iii) the nature and extent of the claimant's
        interest in the property;
            (iv) the date, identity of the transferor, and
        circumstances of the claimant's acquisition of the
        interest in the property;
            (v) the name and address of all other persons known
        to have an interest in the property;
            (vi) the specific provision of law relied on in
        asserting the property is not subject to forfeiture;
            (vii) all essential facts supporting each
        assertion; and
            (viii) the relief sought.
            (B) If a claimant files the claim and deposits with
        the State's Attorney a cost bond, in the form of a
        cashier's check payable to the clerk of the court, in
        the sum of 10% of the reasonable value of the property
        as alleged by the State's Attorney or the sum of $100,
        whichever is greater, upon condition that, in the case
        of forfeiture, the claimant must pay all costs and
        expenses of forfeiture proceedings, then the State's
        Attorney shall institute judicial in rem forfeiture
        proceedings and deposit the cost bond with the clerk of
        the court as described in subsection (l) of this
        Section within 45 days after receipt of the claim and
        cost bond. In lieu of a cost bond, a person claiming
        interest in the seized property may file, under penalty
        of perjury, an indigency affidavit which has been
        approved by a circuit court judge.
            (C) If none of the seized property is forfeited in
        the judicial in rem proceeding, the clerk of the court
        shall return to the claimant, unless the court orders
        otherwise, 90% of the sum which has been deposited and
        shall retain as costs 10% of the money deposited. If
        any of the seized property is forfeited under the
        judicial forfeiture proceeding, the clerk of the court
        shall transfer 90% of the sum which has been deposited
        to the State's Attorney prosecuting the civil
        forfeiture to be applied to the costs of prosecution
        and the clerk shall retain as costs 10% of the sum
        deposited.
        (4) If no claim is filed or bond given within the 45
    day period as described in paragraph (3) of this subsection
    (k), the State's Attorney shall declare the property
    forfeited and shall promptly notify the owner and all known
    interest holders of the property and the Director of State
    Police of the declaration of forfeiture and the Director
    shall dispose of the property in accordance with law.
    (l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the
following judicial in rem procedures shall apply:
        (1) If, after a review of the facts surrounding the
    seizure, the State's Attorney is of the opinion that the
    seized property is subject to forfeiture, then within 45
    days of the receipt of notice of seizure by the seizing
    agency or the filing of the claim and cost bond, whichever
    is later, the State's Attorney shall institute judicial
    forfeiture proceedings by filing a verified complaint for
    forfeiture and, if the claimant has filed a claim and cost
    bond, by depositing the cost bond with the clerk of the
    court. When authorized by law, a forfeiture must be ordered
    by a court on an action in rem brought by a State's
    Attorney under a verified complaint for forfeiture.
        (2) During the probable cause portion of the judicial
    in rem proceeding wherein the State presents its
    case-in-chief, the court must receive and consider, among
    other things, all relevant hearsay evidence and
    information. The laws of evidence relating to civil actions
    apply to all other portions of the judicial in rem
    proceeding.
        (3) Only an owner of or interest holder in the property
    may file an answer asserting a claim against the property
    in the action in rem. For purposes of this Section, the
    owner or interest holder shall be referred to as claimant.
    Upon motion of the State, the court shall first hold a
    hearing, wherein any claimant must establish by a
    preponderance of the evidence, that he or she has a lawful,
    legitimate ownership interest in the property and that it
    was obtained through a lawful source.
        (4) The answer must be signed by the owner or interest
    holder under penalty of perjury and must set forth:
            (A) the caption of the proceedings as set forth on
        the notice of pending forfeiture and the name of the
        claimant;
            (B) the address at which the claimant will accept
        mail;
            (C) the nature and extent of the claimant's
        interest in the property;
            (D) the date, identity of transferor, and
        circumstances of the claimant's acquisition of the
        interest in the property;
            (E) the name and address of all other persons known
        to have an interest in the property;
            (F) all essential facts supporting each assertion;
        and
            (G) the precise relief sought.
        (5) The answer must be filed with the court within 45
    days after service of the civil in rem complaint.
        (6) The hearing must be held within 60 days after
    filing of the answer unless continued for good cause.
        (7) The State shall show the existence of probable
    cause for forfeiture of the property. If the State shows
    probable cause, the claimant has the burden of showing by a
    preponderance of the evidence that the claimant's interest
    in the property is not subject to forfeiture.
        (8) If the State does not show existence of probable
    cause, the court shall order the interest in the property
    returned or conveyed to the claimant and shall order all
    other property forfeited to the State. If the State does
    show existence of probable cause, the court shall order all
    property forfeited to the State.
        (9) A defendant convicted in any criminal proceeding is
    precluded from later denying the essential allegations of
    the criminal offense of which the defendant was convicted
    in any proceeding under this Article regardless of the
    pendency of an appeal from that conviction. However,
    evidence of the pendency of an appeal is admissible.
        (10) An acquittal or dismissal in a criminal proceeding
    does not preclude civil proceedings under this Article;
    however, for good cause shown, on a motion by the State's
    Attorney, the court may stay civil forfeiture proceedings
    during the criminal trial for a related criminal indictment
    or information alleging a money laundering violation. Such
    a stay shall not be available pending an appeal. Property
    subject to forfeiture under this Article shall not be
    subject to return or release by a court exercising
    jurisdiction over a criminal case involving the seizure of
    such property unless such return or release is consented to
    by the State's Attorney.
        (11) All property declared forfeited under this
    Article vests in this State on the commission of the
    conduct giving rise to forfeiture together with the
    proceeds of the property after that time. Any such property
    or proceeds subsequently transferred to any person remain
    subject to forfeiture and thereafter shall be ordered
    forfeited.
        (12) A civil action under this Article must be
    commenced within 5 years after the last conduct giving rise
    to forfeiture became known or should have become known or 5
    years after the forfeitable property is discovered,
    whichever is later, excluding any time during which either
    the property or claimant is out of the State or in
    confinement or during which criminal proceedings relating
    to the same conduct are in progress.
    (m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
    (n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement.
    (o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
    (p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
    (q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
    (r) Burden of proof of exemption or exception. It is not
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.
    (s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.
(Source: P.A. 93-520, eff. 8-6-03; 94-364, eff. 7-29-05;
94-556, eff. 9-11-05; revised 8-19-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.